Introduction: Divorce After Decades of Marriage Brings Unique Financial Risk

Divorce later in life—often referred to as “gray divorce”—is becoming increasingly common in Texas. When couples separate after 20, 30, or even 40 years of marriage, the financial consequences are far more complex than in shorter marriages. Career decisions were often made jointly, retirement plans are intertwined, and one spouse may have spent decades out of the workforce.

Spousal maintenance is often at the center of these divorces. Many people assume that long-term marriages automatically qualify for ongoing financial support. In reality, Texas has some of the strictest spousal maintenance laws in the country, and maintenance is never guaranteed.

Understanding how Texas courts evaluate spousal maintenance claims is essential for anyone divorcing after a long marriage. An experienced spousal maintenance lawyer in Dallas can help ensure expectations align with the law—and that financial stability is protected.

What Spousal Maintenance Is—and What It Is Not

Spousal maintenance is court-ordered financial support paid by one spouse to the other after divorce. It is governed strictly by statute and differs significantly from contractual alimony.

Spousal maintenance:

Is awarded only when statutory requirements are met
Is limited in amount and duration
Is designed to meet minimum reasonable needs—not equalize lifestyles

Texas courts approach maintenance cautiously, viewing it as a limited remedy rather than a default outcome.

External reference: Texas Family Code §8 – Spousal Maintenance

Eligibility Requirements for Spousal Maintenance in Texas

Even in long-term marriages, eligibility must be proven. The requesting spouse must demonstrate an inability to meet their minimum reasonable needs and satisfy at least one statutory condition.

Common eligibility pathways include:

A marriage lasting at least 10 years with insufficient earning capacity
Disability of the requesting spouse
Disability of a child requiring ongoing care
Family violence by the other spouse

Length of marriage alone does not guarantee maintenance—it only opens the door to consideration.

How Courts Evaluate Long-Term Marriages

In divorces following decades-long marriages, courts take a deeper look at the marriage as a whole. Judges are particularly attentive to the realities created by long-term financial interdependence.

Courts consider factors such as:

Length of the marriage
Age and health of each spouse
Employment history and earning potential
Contributions to the household or career sacrifices
Separate property and retirement assets

While these factors are statutory, courts apply them holistically, weighing how realistic it is for one spouse to become self-supporting after many years out of the workforce.

The Role of Career Sacrifices and Earning Capacity

In many long-term marriages, one spouse reduced or eliminated career opportunities to support the household or raise children. Texas courts examine whether those sacrifices permanently limited earning potential.

Judges evaluate:

Time spent out of the workforce
Marketable skills
Education or training required to reenter employment
Health limitations

Courts are not required to ensure equal post-divorce lifestyles. Instead, they focus on whether the requesting spouse can meet basic needs within a reasonable time.

Duration and Amount of Spousal Maintenance

Texas law strictly limits both how long maintenance can last and how much can be paid.

Duration limits generally include:

Up to 5 years for marriages of 10–20 years
Up to 7 years for marriages of 20–30 years
Up to 10 years for marriages over 30 years

Monthly payments are capped at the lesser of $5,000 or 20% of the paying spouse’s gross monthly income.

Why Spousal Maintenance Is Often Disputed

Maintenance is one of the most contested issues in long-term divorces because it directly affects future financial independence. Paying spouses often worry about indefinite obligations, while requesting spouses fear financial instability.

Disputes commonly center on:

Whether eligibility exists at all
Length of support
Ability to become self-supporting
Income attribution

Because Texas courts favor limited maintenance, strong evidence is required.

Modification and Termination of Maintenance

Spousal maintenance is not necessarily permanent. Orders may be modified or terminated if circumstances change significantly.

Maintenance may end if:

The recipient remarries
The recipient cohabitates with a romantic partner
Either party dies
A substantial income change occurs

Courts generally require formal modification rather than informal agreements.

Common Misconceptions About Maintenance After Long Marriages

Many spouses enter divorce with assumptions that do not align with Texas law, including:

Long marriages guarantee lifetime support
Fault automatically results in maintenance
Maintenance replaces property division

These misconceptions often lead to unrealistic expectations and prolonged litigation.

How a Spousal Maintenance Lawyer in Dallas Helps

An experienced spousal maintenance lawyer helps clients by:

Evaluating eligibility realistically
Presenting financial and vocational evidence
Negotiating favorable terms
Defending against unsupported claims

In long-term marriages, strategic advocacy is critical to achieving fair outcomes.

FAQs – Spousal Maintenance in Long-Term Texas Marriages

Is spousal maintenance automatic after 10 years of marriage?
No. Eligibility must still be proven.
Can spousal maintenance last for life in Texas?
No. Texas law imposes strict duration limits.
Does fault affect maintenance decisions?
It can, but it is not determinative.
Can maintenance be modified later?
Yes, with court approval.
Is spousal maintenance taxable?
Generally no, under current federal law.
Can spouses agree to different support terms?
Yes, through contractual alimony.

Planning for Financial Stability After a Long Marriage

Divorce after decades of marriage requires careful legal and financial planning. The Law Office of Chris Schmeideke helps clients navigate spousal maintenance with clarity, realism, and strategic foresight.